S7474-2011 Actions

• May 23, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S7474-2011 Memo

BILL NUMBER:S7474

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to adopting the code of
ethics for direct support professionals

PURPOSE:
State to adopt: The Code of Ethics developed by the National Alliance
for Direct Support Professionals (NADSP).

SUMMARY OF PROVISIONS:
The bill outlines the nine NADSP ethic codes: person-centered
supports; promoting physical and emotional well-being; integrity and
responsibility; confidentiality; justice, fairness and equity;
respect; relationships; self-determination; and advocacy. Direct
support staff agency leaders, policymakers, and people receiving
services are encouraged to use the code and consider ways that these
ethical statements can be incorporated into daily practice.

EXISTING LAW:
New Bill.

JUSTIFICATION:
Direct support professionals who care for and support people in their
communities are called upon to make independent judgments on a daily
basis that involve both practical and ethical reasoning. Direct
support professionals are often asked to serve as gatekeepers between
people needing support and almost every aspect of their lives. The
beliefs and attitudes that are associated with being an effective
human service professional are the cornerstones of this code.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S7474-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7474

                              I N  SENATE

                                May 23, 2012
                                 ___________

  Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
    printed to be committed to the Committee on Mental Health and Develop-
    mental Disabilities

  AN ACT to amend the mental hygiene law, in relation to adopting the code
    of ethics for direct support professionals

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  The mental hygiene law is amended by adding a new section
  16.39 to read as follows
  S 16.39 CODE OF ETHICS FOR DIRECT SUPPORT PROFESSIONALS.
    1. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW  TO  THE  CONTRARY,  THE
  STATE  ADOPTS THE CODE OF ETHICS DEVELOPED THROUGH THE NATIONAL ALLIANCE
  FOR DIRECT SUPPORT PROFESSIONALS (NADSP). THE ETHIC CODE  GUIDES  DIRECT
  SUPPORT  PROFESSIONALS  THROUGH THE ETHICAL DILEMMAS THEY FACE DAILY AND
  ENCOURAGES THE HIGHEST PROFESSIONAL IDEALS. DIRECT SUPPORT STAFF  AGENCY
  LEADERS,  POLICYMAKERS,  AND PEOPLE RECEIVING SERVICES ARE ENCOURAGED TO
  USE THE CODE AND CONSIDER WAYS THAT  THESE  ETHICAL  STATEMENTS  CAN  BE
  INCORPORATED INTO DAILY PRACTICE.
    2. THE NADSP CODE OF ETHICS INCLUDES THE FOLLOWING PROVISIONS:

    (A)  PERSON-CENTERED  SUPPORTS.  AS  A DIRECT SUPPORT PROFESSIONAL, MY
  FIRST ALLEGIANCE IS TO THE PERSON I SUPPORT; ALL  OTHER  ACTIVITIES  AND
  FUNCTIONS I PERFORM FLOW FROM THIS ALLEGIANCE;
    (B)  PROMOTING  PHYSICAL AND EMOTIONAL WELL-BEING. AS A DIRECT SUPPORT
  PROFESSIONAL, I AM RESPONSIBLE FOR SUPPORTING THE  EMOTIONAL,  PHYSICAL,
  AND  PERSONAL  WELL-BEING  OF  THE INDIVIDUALS RECEIVING SUPPORT. I WILL
  ENCOURAGE GROWTH AND RECOGNIZE THE AUTONOMY OF THE INDIVIDUALS RECEIVING
  SUPPORT WHILE BEING ATTENTIVE AND ENERGETIC IN REDUCING THEIR  RISK  AND
  HARM;
    (C)  INTEGRITY AND RESPONSIBILITY. AS A DIRECT SUPPORT PROFESSIONAL, I
  WILL SUPPORT THE MISSION AND VITALITY OF MY PROFESSION TO ASSIST  PEOPLE
  IN  LEADING  SELF-DIRECTED  LIVES  AND TO FOSTER A SPIRIT OF PARTNERSHIP
  WITH THE PEOPLE I SUPPORT, OTHER PROFESSIONALS AND THE COMMUNITY;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15978-01-2

 S. 7474                             2

    (D) CONFIDENTIALITY. AS A DIRECT SUPPORT PROFESSIONAL,  I  WILL  SAFE-
  GUARD  AND  RESPECT  THE  CONFIDENTIALITY  AND  PRIVACY  OF THE PEOPLE I
  SUPPORT;
    (E)  JUSTICE, FAIRNESS AND EQUITY. AS A DIRECT SUPPORT PROFESSIONAL, I
  WILL PROMOTE AND PRACTICE JUSTICE, FAIRNESS AND EQUITY FOR THE PEOPLE  I
  SUPPORT  AND  THE  COMMUNITY AS A WHOLE. I WILL AFFIRM THE HUMAN RIGHTS,
  CIVIL RIGHTS AND RESPONSIBILITIES OF THE PEOPLE I SUPPORT;
    (F) RESPECT. AS A DIRECT SUPPORT  PROFESSIONAL,  I  WILL  RESPECT  THE
  HUMAN  DIGNITY  AND UNIQUENESS OF THE PEOPLE I SUPPORT. I WILL RECOGNIZE
  EACH PERSON I SUPPORT AS  VALUABLE  AND  HELP  OTHERS  UNDERSTAND  THEIR
  VALUE;
    (G) RELATIONSHIPS. AS A DIRECT SUPPORT PROFESSIONAL, I WILL ASSIST THE
  PEOPLE I SUPPORT TO DEVELOP AND MAINTAIN RELATIONSHIPS;
    (H)  SELF-DETERMINATION.  AS  A  DIRECT  SUPPORT  PROFESSIONAL, I WILL
  ASSIST THE PEOPLE I SUPPORT TO DIRECT THE COURSE OF THEIR OWN LIVES; AND
    (I) ADVOCACY. AS A DIRECT SUPPORT PROFESSIONAL, I WILL  ADVOCATE  WITH
  THE  PEOPLE  I SUPPORT FOR JUSTICE, INCLUSION AND FULL COMMUNITY PARTIC-
  IPATION.
    S 2. This act shall take effect immediately.